United Nations Sanctions (Liberia) Regulations 2001

United Nations Sanctions (Liberia) Regulations 2001: revoked, on 5 April 2018, by clause 3 of the United Nations Sanctions (Liberia) Regulations Revocation Order 2018 (LI 2018/31).

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 18th day of June 2001

Present: Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Foreign Affairs and Trade.

Pursuant to section 2 of the United Nations Act 1946, Her Excellency the Governor-General, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

for the purpose of giving effect to resolution 1343 (2001) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 7 March 2001, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Liberia the measures set out in paragraphs 5 to 7 of that resolution,—

Regulations

1 Title

These regulations are the United Nations Sanctions (Liberia) Regulations 2001.

2 Commencement

These regulations come into force on the day after the date of their notification in the Gazette.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

arms includes—

(a)

related materiel of all types, such as weapons, ammunition, military vehicles and equipment, or paramilitary equipment; and

(b)

spare parts for any arms, or for any goods specified in paragraph (a)

committee means the committee established under paragraph 21 of resolution 1521 of the Security Council of the United Nations

Customs or the Customs and Customs officer have the same meaning as in section 2(1) of the Customs and Excise Act 1996

designated close ally or associate of the former Taylor regime means an individual who is—

(a)

a senior official, or other close ally or associate, of the former Taylor regime; and

(b)

designated by or under 1 or more resolutions of the Security Council as an individual against whom a sanction imposed by those resolutions and provided for in regulation 16A or 16B is to be imposed

designated entity means an entity that is—

(a)

owned or controlled, directly or indirectly, by—

(i)

a member, or designated close ally or associate, of the former Taylor regime; or

(ii)

a person acting on behalf, or at the direction, of a member, or designated close ally or associate, of the former Taylor regime; and

(b)

designated by or under 1 or more of the resolutions of the Security Council as an entity against whom a sanction imposed by those resolutions and provided for in regulation 16A is to be imposed

designated person means,—

(a)

for the measures (which relate to entry to, or transit through, New Zealand) in regulation 16, a person designated under paragraph 7(a) of resolution 1343 or paragraph 4 of resolution 1521 of the Security Council of the United Nations:

(b)

for the measures (which relate to assets and funds, etc) in regulations 16A and 16B, a person designated under paragraph 1 of resolution 1532 of the Security Council of the United Nations

entity means a person, group, trust, partnership, or fund, or an unincorporated association or organisation

former Taylor regime or member of the former Taylor regime means the former President of Liberia Charles Taylor, and any member of his immediate family who is designated by or under 1 or more of the resolutions of the Security Council as an individual against whom a sanction imposed by those resolutions and provided for in regulation 16A or 16B is to be imposed

Minister means the Minister of Foreign Affairs and Trade

money includes—

(a)

the banknotes and other currency and money orders of New Zealand or any other country; and

(b)

promissory notes and bills of exchange; and

(c)

any credit in an account with any person

New Zealand includes Tokelau

New Zealand aircraft means an aircraft that is registered or required to be registered in New Zealand under the Civil Aviation Act 1990

New Zealand ship means a ship registered in New Zealand, or recognised by the law of New Zealand as a ship belonging to New Zealand

security—

(a)

includes a share, stock, bond, debenture, debenture stock, mortgage, lien, treasury bill, coupon or warrant representing dividends or interest, and a life or endowment insurance policy, in whatever currency the security is expressed; and

(b)

also includes any document or means by which the right to the ownership or provision of any money or security, or any interest in money or a security, may be exercised; but

(c)

does not include a promissory note or bill of exchange

UNMIL means the United Nations Mission in Liberia.

(2)

A reference in these regulations to the transfer of a security includes a reference to a transfer of a security by way of loan, mortgage, pledge, or bailment, whether in respect of a legal or an equitable interest.

(3)

The Minister may publish, in any manner the Minister thinks fit (for example, by notice in the Gazette, or publication on the Internet, or both),—

(a)

a list of the names of any individuals designated by or under 1 or more resolutions of the Security Council as individuals against whom a sanction imposed by those resolutions and provided for in these regulations is to be imposed; and

(b)

a list of the names or descriptions of any designated entities; and

(c)

any additions to, or deletions from, the lists referred to in paragraphs (a) and (b).

6 Detention of prohibited exports

A Customs officer may detain any arms that the Customs officer has reason to suspect are being exported in contravention of regulation 4.

Compare: SR 1992/371 r 5

7 Prohibited exports must not be loaded on to ships or aircraft

If a master of a ship or a pilot in command of an aircraft knows that any arms are intended to be exported in contravention of regulation 4, the master or the pilot must not permit those goods to be loaded on to the ship or aircraft.

Compare: SR 1992/371 r 6

8 Power to withhold clearance of ship or aircraft

If a Customs officer knows that there are on board a ship or aircraft goods intended to be exported in contravention of regulation 4, the Customs may withhold the clearance of the ship or aircraft while the goods remain on board.

Compare: SR 1992/371 r 7

Transactions relating to imports of arms into Liberia prohibited

9 Transactions relating to imports of arms into Liberia prohibited

Except with the consent of the Minister, no person in New Zealand and no person outside New Zealand who is a New Zealand citizen may enter into, or be concerned in, any sale, transfer, carriage, or delivery of, or other dealing with, any arms if the person knows that the arms are—

(a)

intended to be imported into Liberia; or

(b)

to be supplied or delivered to a person in Liberia; or

(c)

to be supplied or delivered in accordance with the directions of a person in Liberia.

Compare: SR 1992/371 r 8

Carriage of arms to Liberia prohibited

10 Carriage of arms to Liberia prohibited

(1)

This regulation applies to the following ships and aircraft:

(a)

New Zealand ships:

(b)

New Zealand aircraft:

(c)

any other ship or aircraft that is, for the time being, chartered to any person who is a New Zealand citizen or a body incorporated or constituted under the law of New Zealand.

(2)

No ship or aircraft to which this regulation applies may be used for the carriage of any arms if the carriage is, or forms part of, carriage from any place outside Liberia to any destination in Liberia.

(3)

Nothing in this regulation applies to the carriage of arms in respect of which the consent of the Minister has been given under regulation 4 or regulation 9.

11 Liability of owner, charterer, master, or pilot in command

(1)

If any ship or aircraft is used in contravention of regulation 10, each of the following persons is guilty of an offence against these regulations:

(a)

in the case of a New Zealand ship or New Zealand aircraft (as those terms are defined in regulation 3), the owner and the master of the ship or, as the case requires, the owner and the pilot in command of the aircraft:

(b)

in the case of any other ship or aircraft, the charterer of the ship or aircraft and, if the master of the ship or pilot in command of the aircraft is a New Zealand citizen, the master or pilot in command.

(2)

It is a defence to any offence if the person concerned proves that he or she did not know, and had no reason to suppose, that the carriage of the arms was, or formed part of, carriage from any place outside Liberia to any destination in Liberia.

(3)

In this regulation, owner and charterer, in relation to a ship, include any person acting as the agent of the owner or, as the case requires, the agent of the charterer.

Compare: SR 1992/371 r 10

Liberia must not be provided with technical assistance or training relating to arms

12 Liberia must not be provided with technical assistance or training relating to arms

Except with the consent of the Minister, no person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may provide to, or in accordance with the instructions of, any person in Liberia any technical assistance or training relating to the provision, manufacture, maintenance, or use of arms.

Compare: SR 2000/223 r 12

Prohibition on importing diamonds from Liberia[Revoked]

Heading: revoked, on 20 November 2008, by regulation 6(1) of the United Nations Sanctions (Liberia) Amendment Regulations 2008 (SR 2008/394).

Entry of designated persons

16Designated persons to enter New Zealand only if consistent with determinations of Security Council

(1)

No designated person may enter New Zealand, or transit through New Zealand, if the entry or transit would be contrary to a determination of the Security Council made under Article 41 of the Charter of the United Nations.

(1A)

Subclause (1) does not apply so as to prevent a person from entering or transiting through New Zealand if—

(a)

the committee has determined that the travel is justified on the grounds of humanitarian need, including religious obligations; or

(b)

the committee has concluded that the travel would otherwise further the objectives of the Security Council’s resolutions.

(1B)

Subclause (1) does not apply to a designated person who is a New Zealand citizen.

(2)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(3)

This regulation operates in addition to the requirements of the Immigration Act 2009 and of any regulations made under that Act.

Regulation 16(2): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Regulation 16(3): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Funds of or for former Taylor regime, etc

Heading: inserted, on 14 January 2005, by regulation 4 of the United Nations Sanctions (Liberia) Amendment Regulations 2004 (SR 2004/464).

16A Prohibition on dealings in assets, money, or securities of, or derived from property of, former Taylor regime, etc

(1)

No person may knowingly transfer, pay for, sell, assign, dispose of, or otherwise deal with any asset, money, or security—

(a)

that is—

(i)

owned or controlled, directly or indirectly, by a member, or designated close ally or associate, of the former Taylor regime; or

(ii)

held by a designated entity; or

(iii)

derived or generated from any asset, money, or security of the kind specified in subparagraph (i) or (ii); and

(b)

that is located in New Zealand.

(2)

Subclause (1) does not apply if the Minister has consented to that transfer, sale, assignment, or disposal of, payment for, or other dealing with, the asset, money, or security.

(3)

It is a defence to a prosecution under this regulation in respect of any asset, money, or security derived or generated from any asset, money, or security of the kind specified in subclause (1)﻿(a)﻿(i) or (ii) (a restricted item) if the defendant proves that he or she received the asset, money, or security in good faith, at a time when he or she did not know that it was a restricted item or derived or generated from a restricted item.

16B Prohibition on sending funds to members, or designated close allies or associates, of former Taylor regime

(1)

No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may knowingly send, transfer, or deliver, or knowingly cause to be sent, transferred or delivered, whether directly or indirectly, any money or security—

(a)

to a member, or designated close ally or associate, of the former Taylor regime; or

(b)

for the benefit of a member, or designated close ally or associate, of the former Taylor regime.

(2)

Subclause (1) does not apply if the Minister has consented to that sending, transfer, or delivery of the money or security.

16C Exceptions to regulations 16A and 16B

The Minister may consent to any dealing with any asset, money, or security if the Minister is satisfied that the dealing—

(a)

is necessary for basic expenses within the meaning of paragraph 2(a) of resolution 1532 of the Security Council of the United Nations and is authorised under that paragraph; or

(b)

is necessary for extraordinary expenses within the meaning of paragraph 2(b) of that resolution and is authorised under that paragraph; or

(c)

is authorised under paragraph 2(c) of that resolution (which relates to assets, money, or securities subject to judicial, administrative, or arbitral liens or judgments); or

(d)

comprises the payment into an account to which regulation 16A(1) or 16B(1) applies of interest or other earnings due in respect of that asset, money, or security, or the payment of amounts due under any contract entered into, or under any obligation that arose, before either of those regulations applied to that account, and that those additional payments will be treated in accordance with those regulations.

Miscellaneous provisions

17 Offences

Every person commits an offence against these regulations and is liable accordingly under section 3 of the United Nations Act 1946 who acts in contravention of, or fails to comply in any respect with, any provision of these regulations.

Compare: SR 1992/371 r 11

18 Attorney-General’s consent and certificate in certain cases

If an offence against these regulations is alleged to have been committed outside New Zealand, a prosecution for the offence may not be commenced without—

(a)

the Attorney-General’s consent; and

(b)

the Attorney-General’s certificate that it is expedient that the proceedings be commenced.

Reprints notes

1 General

This is a reprint of the United Nations Sanctions (Liberia) Regulations 2001 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.